Margaret River Holiday Houses

Margaret River Holiday Houses Terms and Conditions – Effective July 2020

Thank you for considering Margaret River Holiday Houses for your forth coming holiday. Please ensure you read and fully understand these booking terms and conditions. If anything is unclear, please contact us so we can explain in further detail to avoid any misunderstandings. When you make a reservation with us, these conditions are deemed to have been accepted by ALL GUESTS. Bookings are subject to the following terms and conditions.

MIRIAM AVERY TRADING AS MARGARET RIVER HOLIDAY HOUSES

ABN: 89 086 350 534

Address: PO Box 1507, MARGARET RIVER WA 6285

Contact: MIRIAM AVERY +61407832712 stay@margaretriverholidayhouses.com.au

Your booking is with Margaret River Holiday Houses (MRHH), acting on behalf of the owner.

Guests are granted a license to occupy the property for the booking dates; this is not a Residential Tenancy Agreement under the Residential Tenancy Legislation. Failure to comply with terms and conditions may result in a claim at NCAT, termination of the licence to occupy the property, eviction and/or registration with a ‘bad guest’ register, and/or traveller reviews on booking sites.

  1. Summary

The property must not be used by more than the number of guests noted on your booking, either to visit or to stay, without written approval.

All guests should abide by MRHH’ Good Neighbour Policy and shall ensure quiet time from 10pm to 10am.

Pets are not permitted unless permission has been granted, details are specifically noted in your booking and the pet fee paid for where there is a charge.

Smoking is not permitted anywhere inside any property. No butts are to be left anywhere outside the house or on the property.

No commercial activity is to take place at the property.

Tents, caravans and other structures are not to be erected or occupied at the property.

Cancellation Policy – booking fees, extras and linen hire charges are non-refundable. Deposits are only refundable when the property can be rebooked for the cancelled dates (pro rata if applicable). There is a charge to move a booking of $150.00 no matter the circumstance or reasons for the move. Cancellations within 30 days are completely non-refundable.

The responsible renter must be at least 21 years of age, guests under 21 are, of course, welcome but must be accompanied by a parent or guardian, unless staying under our schoolies/under 21 policy.

The price of the booking is subject to change, if there is a change in price you will be notified and offered the opportunity to pay the increased tariff or get a full refund.

A service fee applies to payments.

If you encounter any issue, before, during or after the stay please contact us immediately on +61 407832712 so that we can attempt to fix it. We will not offer any compensation unless we have been afforded the opportunity to solve a problem.

  1. Bookings & Payment

2.1 Bookings

2.1.1 Booking Details

Guest registration is required for all bookings. The registration process requests copies of a driver’s license and credit card. These are then held by the system securely for 14 days.

Check in is 3pm. Check out is 11am. During December, January and peak times check in is 4pm and check out is 10am. NOTE: These times may be adjusted. There will be no refund or credit should these times be adjusted after you have booked the property.

Further, we cannot guarantee that a property will be ready at the said check in time. We will endeavour to have the property ready, however, circumstances may sometimes cause delays. There will be no refund or credit if a property is not ready for the agreed time.

We may be able to offer an early check in or late check out – this will attract a charge. Paying however, does not guarantee that this agreement can be honoured. If we are unable to honour early check in or late check out due to a back to back booking or unforeseen circumstances, a full refund of any fees charged above the tariff will be provided.

Unauthorised early check in or late check out will be charged at a minimum of $50 per hour.

2.1.2 Changes to Booking

The tariff is for the agreed number of guests detailed on our confirmation email. If there is a change or discrepancy, you will need to contact us to make changes and ensure that those changes are documented.

By paying a deposit, the guest is reserving a specific property for specific dates. The dates and the property cannot be changed by the guest, and we cannot transfer bookings between properties, doing so would effectively cancel the original reservation and cancellation terms will apply. We may be able to transfer your booking to different dates, reduce the stay, or offer a credit if we can secure another guest to re-book the property for the same dates. There are no guarantees that this will be possible. A processing fee of $150 plus a further booking fee for any new booking will apply.

No refunds are provided for late arrivals, early departures or unused days of your reservation. Booking fees, hire equipment and hire linen are not refundable once they have been booked and paid for.

It is the guest’s responsibility to advise our team at least a fortnight before the stay if beds are to be split or extra beds need to be made up. Should advice not be received within 14 days this service cannot be guaranteed.

2.1.3 Cancellation Policy

2.1.3.1 In the event of cancellations or government restrictions on travel due to, but not limited to natural disasters, storms, bush fires, floods, state of emergencies, pandemics or acts of war or any other force majeure, guests may be offered a postponement of their booking and will be given a credit or voucher to book another time/date or property within a 12 month period. The original deposit will be held for the new booking and a $150 processing fee will be applicable.

2.1.3.2 When a cancellation is made by a guest which is not related to item 2.1.3.1 the booking fees, payments for hire linen and equipment are not refundable. For bookings cancelled 30 days or more prior to the arrival date not related to item 2.1.3.1 the deposit is not refundable unless the property is successfully rebooked by the agent. For bookings cancelled within 30 days of arrival and for no shows – the full tariff will be lost and not refundable under any circumstance.

2.1.3.3 A cancellation fee of $150 applies to all cancellations. This will be deducted from funds held and the balance refunded if the property is rebooked by another guest.

2.1.3.4 Any refund applicable because the property has been rebooked by another guest after a cancellation, will be made after the dates of the original booked dates. If the property is rebooked for only part of the original booking dates, then a pro rata refund will be afforded. Any refund will be made less the cancellation fee.

2.1.3.5 Cancellation of the arrangement due to non-payment of the balance by the due date will result in the loss of all monies.

2.1.3.6 All guests are encouraged to take out travel insurance to cover extra-ordinary events.

2.2 Payments

To proceed with a booking via Margaret River Holiday Houses website, the following payment conditions apply; for other booking sites please see their payment terms.

Deposit is due at the time of the booking. The deposit is non-refundable unless the property can be rebooked for your dates, see extra information below.

Balance of all outstanding monies is due 30 days prior to your arrival. Our system will generate a reminder to your email address.

Payments are to be made by credit card (a service fee applies). Bookings will be cancelled if a payment is not received in accordance with the above terms. The service fee is non-refundable.

Fee for changes to booking Once a booking is made any change/move/cancellation will attract an additional fee of $150.

Cancellation charges If you cancel a booking there will be a cancellation charge of $150.

2.2.1 Credit Card Saving

Margaret River Holiday Houses will save credit card details for the purpose of:

  1. Processing payments on the due date
  2. Charging the guest for the supply of duplicate keys or re-entry/rekeying at cost or our call out fee of $110
  3. Charging the guest if:

(a) A representative of MRHH attends the property to see to an issue that is then deemed to be caused by the guest ($110 per callout)

(b) A tradesperson attends the property to fix an issue that is deemed to be caused by the guest (invoice cost)

  1. Charging $500 per offence should there be a credible noise complaint by the neighbours and/or the police/security are called to the property
  2. Charging $1000 per offence if there is, or there is evidence of a party or function at the property
  3. Charge at cost to repair or replace any malicious, deliberate or negligent damage to the property
  4. Charge at cost to steam clean carpets, furnishings, linens etc if pets are at a non-pet friendly property, pets have been allowed on furniture or in/on beds, or there is evidence of smoking inside the property
  5. Charge at cost if pets are at a property without prior arrangement
  6. Charging $50 for BBQ’s not cleaned thoroughly by the guest prior to departure
  7. Charging at cost to remove excess rubbish and/or if the bins were not put out on the bin night, including departure day

We will only charge the guests’ card in accordance with our terms and conditions and any applicable Australian Laws. All charges will be subject to a service fee.

2.2.2 Security Deposit

The interior and exterior of the properties we manage are finished and furnished with costly materials and products. Our team thoroughly inspects each home and inventories its contents between each guest. You become financially responsible for all damage and loss to the property and its contents from the date and time you check in, to the date and time you check out. To avoid erroneous blame, you are required to immediately notify our team if anything is amiss when you arrive at the property.

2.2.2.1 Security Deposit

You may be required to pay a refundable Security Deposit of $2,000 (the amount of the security deposit may be increased) if you are booking specific homes, your booking is a schoolies group, you are staying for one month or longer or at the agent’s discretion. The Security Deposit must be paid by direct deposit and return of any deposit does not mean that you will not be held accountable for issues noticed or reported after any refund of security deposit. The security deposit will be retained until our team has completed the checkout inventory and inspection. Should the property be found excessively dirty or items are missing or damaged, the cost of additional cleaning and/or the cost of repair or replacement of property will be deducted from your deposit. The remainder of your deposit that is not applied to these expenses will be refunded to you, hopefully within 14 days. You remain responsible for, and will be charged for, the cost of any damage, repair, or replacement in excess of the Security Deposit.

  1. Guest Information & Obligations

It is a condition of your stay that you adhere to our Terms and Conditions, our Holiday Rental Code of Conduct (which is provided to Guests in the House Manual) and Good Neighbour Policy and that you leave the property promptly after completing the Departure Checklist that is clearly displayed at the property. Guests must always abide by the local council and state planning laws and guidelines regarding short term residential accommodation.

3.1 Responsible Renter

As the responsible renter, you agree to be an occupant of the property for the entire duration of the stay, or act as a guarantor (not staying) in the case of schoolies bookings. All other occupants will be family members, friends, other responsible adults over 21, or accompanied by a parent or legal guardian.

3.2 Schoolies/under 21 bookings

These are not guaranteed and require a written request and subsequent written permission from the agent. Many properties WILL NOT accept a Schoolies booking. A parent or guardian must act as guarantor for this booking and all guests and the guardian must provide photo identification to be held on file. A cash security bond of $2000 is payable, as well as a valid credit card from the guarantor to act as extra security. This credit card must have another $1000 available credit during and for 14 days after the stay.

3.3 Keys

A service fee of $110 applies if a set of duplicate keys are required by a guest. If we are unable to provide a key for any reason, then the guest will need to engage the services of a qualified locksmith to gain access. The locksmith’s invoice must be paid directly to the locksmith at that time. Guests must not break into or attempt to break into premises when locked out. Keys should be returned as per instructions provided.

Should the keys not be returned, the guest will be liable for any charge incurred in gaining entry and/or replacing keys and changing locks if necessary, plus a processing fee (with a minimum charge of $110).

3.4 Cleaning

Is included in the full tariff, however, if excessive cleaning is required over and above what is considered by HRS to be a standard clean, the guest will be charged at cost.

3.5 BBQ

A $50 cleaning fee will be charged for unclean BBQs. Guests can decide to clean the BBQ to avoid the charge. If the BBQ is not left sparkling the credit card will be charged $50.

3.6 Rubbish

You must take any excess rubbish that does not fit in the provided bins when you leave. If it is bin night during your stay or the day of your departure you are required to put the bins out on the kerb. You will find a bin night notification at your accommodation. You will be charged the tipping fee and the time to tip if excess rubbish is left at the property or if the garbage bin is not put out for bin night as requested.

3.7 Loss and Damage

All damages, breakages or losses to the property, furniture and furnishing are to be reported immediately. Should you discover a fault or breakage when you arrive, please advise us directly to avoid being charged for this damage.

3.8 Children

No responsibility will be taken for children or pets staying at or visiting the property. Please supervise carefully, always taking into consideration fencing, pools, dams, stairs, verandas, balconies and cleaning chemicals. Children under the age of 10 years should not sleep on the top bed of a bunk.

3.9 Issues before, during or after the stay

If you encounter an issue before, during or after the stay, contact us immediately so that we can attempt to fix it. We will not be able to consider compensation unless we have been afforded the opportunity to solve the problem.

3.10 Call Out

Should a tradesperson or a representative of our team be called to the property and the issue is deemed to be caused by a guest, equipment owned by a guest or because a guest has not followed instructions, provided at the property or via phone, the guest will be responsible for payment of the invoice for the tradesperson and Margaret River Holiday Houses callout fee of $110.00 at the time of the callout.

3.11 Smoking

Smoking is not permitted inside any of our properties. If you need to smoke, please do so away from the property to ensure that the smoke does not enter. If evidence of smoking inside the property is detected, you will be charged for steam cleaning of carpets and furniture, laundering of all soft furnishing and linen, plus replacement of linen where necessary. Many rural properties do not allow smoking at all due to bushfire risk. It is the guest’s responsibility to understand this prior to booking.

3.12 Third party services

Should you engage the services of a third party during your stay such as a caterer, beautician, massage therapist etc., it is your responsibility to ensure that they adhere to these Terms and Conditions and hold appropriate Public Liability Insurance. The owner, Margaret River Holiday Houses and the housekeepers will not take any responsibility for any issues arising where a third party has been involved.

3.13 Number of guests

Each holiday property is equipped for a specific number of guests. No mattresses, tents, caravans or more cars than the property accommodates are allowed. It is against Health Department Regulations for more persons to occupy a property than there are beds to accommodate them.

The guest limits apply for the duration of the booking. Any extra guests (this includes day visitors) above those that have been booked and paid for must be approved in writing prior to the stay. The owner has the right to charge for extra guests/visitors and/or to decline any request. Any unapproved excess guests/visitors may result in a party/function $1000 fine, registration with a ‘bad guest’ register, and/or traveller reviews on booking sites.

3.14 Noise

We have a strict ‘no party’ policy. Only the guests staying at the property are permitted to be present. If you wish to have visitors in addition to booked guests, you must advise us in writing prior to your stay and ensure you receive written permission. This is not possible at all properties. If there is, or is evidence of, a party/function, you may be asked to vacate the property and there will be a charge of up to $1000 made. If you or any other guest receives a warning regarding excess noise or excess guests, you may be asked to leave the property IMMEDIATELY with no refund of monies paid. Noise audible outside the property is prohibited between 10pm and 10am.

In addition, if our staff, security guards or the police are called to the property to deal with noise complaints or excess guests, or if we receive complaint/s from the neighbours during or after your stay, a fee of $500 per offence will be charged. Noise disruption for these purposes includes; loud behaviour of any type that disrupts the peace and quiet of others; intrusive or abusive language; loud music or any other sounds affecting other residents that is audible outside the boundaries of the property.

3.15 Good neighbour policy

The property is a privately-owned home, and we enforce a Good Neighbour Policy. Please treat the property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. You and other occupants agree to conduct yourselves throughout the stay in a manner that is respectful of and not disruptive to neighbours, traffic flow, or the community and that will not prompt complaints to MRHH from the police, local council, neighbours, or neighbourhood. You and other occupants agree to abide by all applicable parking restrictions and limitations.

3.16 Recreational Activities

Under no circumstances are the following activities permitted at any of our properties: motorbikes, dirt bikes, quad bikes, use of firearms, air rifles or fireworks.

3.17 Security

To prevent theft of or damage to furnishings or your personal belongings, you agree to close and lock doors and windows when you are not present at the property and at check out. Should you not be able to secure the property you should contact us immediately. If the property has a key safe, please use it during your stay. Margaret River Holiday Houses and the owner will not take responsibility for any loss of guest belongings during or after your stay.

3.18 Pets

Your pet is most welcome, but only at our ‘pet-friendly’ properties where your request is approved in writing. A pet surcharge will usually apply. This surcharge varies depending on the length of the stay, with a minimum charge of $100. If evidence of a pet is discovered without approval, or at a non-pet friendly property you will be charged for steam cleaning of carpets, furniture and/or mess left by the pet/s, plus our standard pet charge for the time of the stay.

If you have your pet with you, it is expected that a few simple rules of courtesy are followed:

  • All pets must be approved in writing prior to the stay.
  • Any mess, including outdoors, must be wrapped and placed in outside bins
  • Pet bedding must be supplied by guest.
  • If you are lucky enough to be at a property that allows your pet inside, please restrict it to the hard floor areas and do not allow it onto furniture or into bedrooms.
  • You agree to pay for any damage, or extra cleaning required resulting from the pet having stayed.

3.19 Criminal Activity

Use of the property for any criminal activity is of course prohibited and may result in fines or prosecutions. This prohibition extends to the use of the property’s internet service, if any, for criminal activity. We will cooperate with any investigation of alleged criminal activity at the property during the stay.

3.20 Lost property

Guests are solely responsible for their belongings whilst staying at the property and are required to take the usual steps to prevent any property loss, including locking premises and vehicles when not attended. If personal property is left behind, it is the guest’s responsibility to arrange its return by providing MRHH with a suitable prepaid satchel or by collecting the item from our office.

We reserve the right to charge a $25 fee to collect lost property. If not claimed within 30 days, it will be disposed of.

3.21 Internet & Pay for View

When a property has Wi-Fi, Netflix, Foxtel or other streaming services which offer pay per purchase programs, any purchase must be paid for by the guest in advance. MRHH and owner will not be responsible should any program be delayed, cancelled or the quality/performance of the internet or Wi-Fi service.

  1. Claims

If there is a claim taken from a held security deposit, or a charge made to the saved credit card, the agent will charge a processing fee of $99. Claims may include, but are not limited to charges for: excess cleaning fee, damage or breakages, excess garbage removal, damage or issues caused by pets, pets at non-pet friendly properties, smoking inside the property, attendance by tradespeople or MRHH representatives, noise complaints, BBQ’s left unclean, overstays at the property, guests in excess of those booked and paid for, police or security guard call outs and any issue caused by the guest. We reserve the right to attend the WA Civil and Administrative Tribunal or the equivalent in other states to recover these costs.

  1. Agent/Owner Limitations of Liability

We have taken great care to describe your holiday accommodation to you as accurately as possible. We cannot, accept responsibility for incorrect descriptions, errors or omissions.

5.1 Substitution of property

At times, situations arise over which we have no control such as ownership changes, extensive repairs or maintenance, or if properties are removed from the holiday rental market. We reserve the right to offer guests alternate accommodation of a similar standard, as available, at our discretion. In the unlikely event, we will notify you as soon as possible and make every reasonable effort to ensure you are satisfied. We cannot guarantee accommodation and, should an alternative not be found, you will be refunded. You hereby agree that, in this case, you will accept the refund as an acceptable outcome.

5.2 Price Changes

In some cases, accommodation rates may be subject to increase or change after you have made payment. Should this occur you will be notified and given the opportunity to pay the difference in tariff, or we may also be able to find alternative accommodation for you. If this is not a satisfactory outcome, you will be refunded, and you hereby agree that you will accept the refund as an acceptable outcome.

5.3 Wildlife

Our properties are maintained and cleaned regularly, however, wildlife is common in the country and coastal areas. MRHH and/or the owner do not accept liability for the unfortunate or seasonal visits of any wildlife including, but not limited to, rodents, insects, cockroaches, kangaroos, birds, snakes, lizards, etc.

5.4 Attendance at Property

MRHH and/or its representatives reserve the right to enter the property at any time, without notice, to protect and/or undertake maintenance of the property. We will provide notice to the guests wherever possible.

5.5 Equipment

MRHH and/or the owner do not accept liability or loss caused by failure of equipment and/or services out of our control, including, but not limited to, water, electricity, gas and internet. In the event of a failure, the guest should notify our team in the first instance. Any problems that arise during the rental period that do not constitute an emergency as determined by MRHH, will be remedied at any time during or after the rental period, at the sole discretion of MRHH. No refund, compensation or guarantees are given.

5.6 Limited Liability

To the maximum extent permitted by law, in no case shall MRHH, nor its affiliates, officers, directors, employees, agents or  property owners be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to property, arising out of or in connection with your stay. This limitation applies to all claims for damages including negligence even if MRHH has been advised of the possibility of such.

5.7 Indemnity

MRHH and/or the owner do not accept liability for any personal loss, injury, cancellation of booking before or during a booking. This includes disruption caused by events beyond our control. Events may include, but are not limited to; adverse weather, fire, flood, traffic or flight delays, acts of war, terrorist activity, civil disobedience, states of emergency, pandemics or other force majeure and no refund will be offered under these circumstances. If we are required by government guidance or restrictions to change a booking or provide a credit, there will be a processing charge of $150.

5.8 Bad Books Register/Traveller Feedback

By making this booking you hereby agree that if you or any occupant covered by this booking breaches our terms and conditions, your name, phone number, home address and email address, as well as details of the breach/es may be registered with any ‘bad guest’ register. Traveller feedback may also be entered onto the applicable online portals. Margaret River Holiday Houses reserve the right to refuse or cancel a booking where a guest is registered on these sites or has received negative feedback from other booking sites or travel agents.